Revolutionary War Pension and Bounty Land Warrant Application File R. 3,379, Daniel Eubank, N.C.

SERVICE
NUMBER
N.C.
Eubank, Daniel
P. 3,379
Born in N.C.
CONTENTS

State of North Carolina } Onslow County } ss
On this 30th day of January A D one thousand eight hundred and thirty three personally appeared before me Daniel Ambrase an of the acting Justices of the peace for said County of Onslow Daniel Cubbanks (who is not able from bodily infirmity and old age to attend any court of record) a resident of Onslow County and State of North Carolina aged seventy two years, who being first duly sworn according to law doth on his affirmation  oath make the following declaration in order to obtain the benefits of the act of Congress passed June the 7th 1832:—
That he entered the service under the following named officers, and served as herein stated.
That he enlisted first under Captain McDaniel for the term of three months, who was under Col. Avery, the company met at Pollocks Mill and marched to Blufords Bridge in New Hanover County where we took up camp about two months where the enemy fired on us across the river, we marched from there to Linton in Duplin County where we encamped and remained for the space of a week, from there we marched to Kingston and remained two or three weeks we then marched to Country Creek to deposit some arms in a place of safety, where we were discharged and returned home, the war ending soon after I was never called out any more the cont-

of my service being confined to North Carolina as a militia man but I have no documentary testi- mony to prove the facts above stated or any person who can testify to its verity except Josiah Wilson who is so infirm that I cannot procure his evi- dence I hereby relinquish any claim whatever to a pension or annuity except the present, and declares that my name is not on the pension roll of the agency of any State, or I have sworn to, and subscribed the day and year aforesaid
Daniel Eubanks
Mr. James Coston - a clergyman residing in the county and State aforesaid and Joseph M. French and Dan S Sanders residing in the same State and county, hereby certify that we are well acquainted with Daniel Eubanks who has subscribed and sworn to the above declaration, that we believe him to be seventy two years of age, that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion Jas Coston M.E.P.
Joseph M. French
Dan S Sanders
I Daniel Ambrase one of the Justices of the Court of Pleas and quarter Sessions for the County of Anson and State of North Carolina do declare after the investigation of the matter, and after put- ting the interrogations prescribed by the Ward's Act that the above named applicant was a

revolutionary soldier - and served as he states and I further certify that James Conner who signed the preceding certificate is a clergyman resident in the county aforesaid, and that Joseph McShane and Dan d Sanders who has signed the same are residents in the county and state aforesaid and is credible persons, and that their statement is intitled to credit. Dan d McShane S.P.
I David Sanders clerk of the Court of Pleas and Quarter Sessions of said County of Anslow, do hereby certify that the foregoing contains the original proceedings of the said matter of application of Daniel Eubanks for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 30th day of January A.D. 1837 D W Sanders, clk
First where and in what year was you born?
Answer I was born in the State of North Car- olina in Jones County about the year one thousand seven hundred and sixty
Second have you any record of your age and if so where is it.
Answer I have no record of my age my age was recorded but I don't know what became of it.
Third where was you living when called into service, and where lived since the Revolutionary.

war, and where do you now live,
Ans. I was living in Jones County in the State of North Carolina after the war I moved to the North east of New River in Anson County North Carolina where I now live
fourth, How were you called into service, were you drafted, did you volunteer or were you a substitute and if a substitute for whom.
Ans. I was drafted. —
Fifth State the names of some of the regular officers who were with the troops when you served such Continental and Militia regiments as you can recollect, and the general circumstances of your service;
Ans. The officers and the General Circumstances I before united in the foregoing part of this declaration
Sixth Did you ever receive a discharge from the service and if so by whom was it given and what has become of it!
Ans. I got a discharge but don't know what has become of it.
Seventh, State the names of persons to whom you are known in your neighbourhood and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution?
Ans. I know of no person who can testify to

being in the Revolutionary war, but Jonas Wilson within my reach and that Joseph M. French and [blank] residents of my neighborhood, who can testify to my character as a man of truth and veracity —

Power of attorney care of Daniel Embank North Carolina
County Clerk Onslow Co N.C.
Witnessed
J. E. Haulen Present

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF North Carolina COUNTY OF Ashe C. D. Hoy John Eubank
} Justice of the Peace for said County Be it known that before me personally appeared
John Eubank aged 68 years, who being duly cautioned and then sworn in due form of law, states that He is the Son of Daniel Eubank who was a revolutionary † Soldier in the State of North and that he died on the _____ day of _____ 1835 and that my mother, named Ally died on the _____ day of _____ 1829 and that they were married on the _____ day of _____ in the year 1782 and that they were residents of Jones County in the State of North Carolina and that they resided there about 12 years, and that they resided in Ashe N.C. until their death and that furthermore BY THESE PRESENTS , constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as our true and lawful Attorney for us and in our name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers their rights in all and in any manner of claim for increase or arrears of Pension or Land that may be due us as heirs of Daniel Eubank who died leaving the same undrawn, as in right of law, we may be entitled.
In witness whereof, He has on this _____ day December 1852, hereunto signed his name, and affixed his seal.
Witness: J. H. Hawkins Witness: Jacob Marshall
John Eubank
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that John Eubank has always by the community been known as the Son of Daniel Eubank
Dated on this 8th day of December 1852.
C. D. Hoy J. P.
STATE of North Carolina COUNTY of Ashe } to wit:
I hereby certify, That Christopher D. Hoy Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of Ashe County Court, this 10th day of December — one thousand eight hundred and fifty two
Jasper Ethridge Clerk. of Ashe County Court
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

23113
Daniel Eubank Onslow county North Carolina
Rejected
let - David W. Saunders Onslow Co. N.C. N.C.
David W. Saunders Onslow Co. N.C. North Carolina

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Eubank, Onslow county, North Carolina
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted X 3 private Capt Daniel Pollock's mill Bluffton's bridge Kingston 72 Jones co N.C. tradition  
X In answering Interrogatory says he was "drafted"
I am, respectfully,
Your obedient servant,
Declares for only 3 months. Not provided for by act of June 7, 1832
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [a] note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

REJECTED
5579
P. O.
Daniel Cubank
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

N o 2 311 3
Daniel Rubank N. Ga.
Rejected - see letter to D. W. Sanders - May 20. 1833
3379